Rep. Dan Fister

Amend KRS 205.6405, relating to hospital rate improvement programs, to redefine "managed care gap" and "qualifying hospital"; amend KRS 205.6406, relating to hospital rate improvement programs, to add inpatient services and include add-on amounts to the calculation of payments; modify the formula for the calculation of payments; provide that certain payments made under the programs do not count against any spending or appropriation limits; permit the Department for Medicaid Services to create a program to increase outpatient reimbursement within the Medicaid fee-for-service program; direct the Cabinet for Health and Family Services to request any necessary state plan amendment, waiver, or other authorization from a federal agency; RETROACTIVE; EMERGENCY.

Create new sections of Subtitle 17A of KRS Chapter 304 to require health insurance coverage for oocyte and sperm preservation services and medical services related to testicular and other urological cancers; create new sections of Subtitles 17C and 38A of KRS Chapter 304 to require limited health service benefit plans and limited health service organizations to comply with coverage requirements for medical services related to testicular and other urological cancers; amend KRS 18A.225 and 164.2871 to require the state employee health plan and state postsecondary education institutions to comply with coverage requirements for oocyte and sperm preservation services and medical services related to testicular and other urological cancers; EFFECTIVE January 1, 2024.

Amend KRS 190.010 to amend the definition of "franchise" to include any agreements related to or dependent on an original franchise agreement addendum to the franchise agreement; amend KRS 190.042 to permit a new motor vehicle dealer to propose a successor agreement; amend KRS 190.045 to increase the time allowed for a dealer to respond to notice of cancellation from 15 days to 30 days; amend KRS 190.046 to limit audit and document retention requirements on recall work, and allow a manufacturer to audit a motor dealer if the manufacturer reasonably suspects fraud; amend KRS 190.070 to prohibit manufacturers and other licensees from requiring remodeling of a dealership within 10 years of a previously required improvement, using motor vehicles in transit in any sales formula to the detriment of the dealer, offering the sale of new motor vehicles outside a franchised dealer, or failing to assign reservations and purchase requests received by a manufacturer to a dealer.

Create a new section of KRS Chapter 247 to prohibit a nonresident alien, foreign business, agent, trustee, or fiduciary associated with the government of any prohibited country as referenced in 22 C.F.R. sec. 126.1 from the purchase, lease, or acquisition of agricultural lands in Kentucky or participation in programs administered by the Department of Agriculture, Agricultural Development Board, and Kentucky Agricultural Finance Corporation.

Create a new section of KRS Chapter 216B to define "freestanding birthing center"; require the Cabinet for Health and Family Services to promulgate updated administrative regulations to establish licensure standards for freestanding birthing centers, including requiring accreditation by the Commission for the Accreditation of Birth Centers, compliance with the American Association of Birth Centers (AABC) Standards for Birth Centers, and consistent plans for transfer and safe transport to a hospital as needed; exempt a center from certificate-of-need requirements for establishing and licensing a freestanding birthing center; limit liability of center; amend KRS 216B.020, 196.173, 211.647, 211.660, 213.046, 216.2920, and 216.2970 to conform; provide that the Act may be cited as the Mary Carol Akers Birth Centers Act.

Propose to create a new section of the Constitution of Kentucky to authorize the General Assembly to provide for the educational costs of elementary and secondary school students outside of the public school system; provide ballot language for submission to voters for ratification or rejection.

Create new sections of KRS Chapter 311 to define terms; state that the provision of gender transition services to a person under the age of 18 years by a health care provider or mental health care provider is unethical and unprofessional conduct; require an investigation of any report of provision of gender transition services to a person under the age of 18 years; require revocation of the provider's license if confirmed and termination of public funding for a public employee; require that providers be jointly and severally liable for all damages and costs sustained for providing gender transition services or aiding and assisting a person under the age of 18 years to consider or to obtain gender transition services; provide defense to providers refusing to provide services; make failure to report provision of gender transition services a crime; permit an action on a violation to be taken by the parent or guardian of a person before the person attains the age of 18 years and by the person within 30 years of the person attaining the age of 18 years, with exceptions under which the time may be longer; require conditions for actions and damages; prohibit use of public funds for gender transition services; prohibit a provider employed by a public agency to provide include gender transition procedures; permit the Attorney General to bring action to enforce provisions; permit intervention as a matter of right if these provisions are challenged; prohibit a public provider from intervening in a legal proceeding in defense of the provision of gender transition services; create a new section of KRS Chapter 205 to prohibit Medicaid coverage of gender transition procedures for a person under age 18 years; create a new section of Subtitle12 of KRS Chapter 304 to establish liability provisions if an insurer elects to cover gender transition services; amend KRS 18A.225 to prohibit a fully insured benefit plan or self-insured plan for public employees from covering gender transition services for a person under the age of 18 years; amend KRS 454.210 to add to court permission to exercise personal jurisdiction over a person who acts directly or by an agent, as to a claim arising from the person's engaging in the provision of gender transition services to a person under the age of 18 years; create a new section of KRS Chapter 158 to prohibit a public school counselor, school-based mental health services provider, or other public employee from aiding or assisting in the provision of gender transition services for a person under the age of 18 years; establish liability provisions; require school notification of parents of child's expression of sex or gender inconsistency with exceptions; amend KRS 141.039 to require that corporate income relating to the provision of gender transition services to a person under age 18 years be added to net income; amend KRS 213.121 to prohibit a registered certificate or report from being amended if the purpose is to assist with a social or physical gender transition; amend KRS 401.020 to prohibit a court to order a name change if the purpose is to assist with a social or physical gender transition; create a new section of KRS Chapter 600 to prohibit the Department of Juvenile Justice from classifying a detainee by a sex that is inconsistent with defined sex; allow the Act to be cited as the Do No Harm Act; EFFECTIVE January 1, 2024.

Honor the 75th anniversary of the independence of the State of Israel.

Recognize March 2023 as Developmental Disabilities Awareness Month.

Create new sections of KRS Chapter 405 to establish definitions; provide for parental rights; establish that no governmental entity shall substantially burden the rights of parents unless required by a compelling governmental interest of the highest order and in the least restrictive means; establish specific rights of parents, with some limitations; provide that specific governmental employees shall not encourage or coerce a child to withhold information from a parent; recognize additional rights beyond those enumerated; require local boards of education or boards of directors of public charter schools to adopt specific policies to promote involvement of parents in education; allow the Kentucky Department of Education to provide consultation and model policies that shall not be binding on schools; require a report from the Kentucky Department of Education on the consultation and model policies provided to schools; require obtaining parental consent prior to procuring, soliciting to perform, arranging for the performance of, providing a referral for, or providing medical or mental health services to a child; require verification of identity for remote parental consent; establish limits of the applicability of the requirement; establish a cause of action for violation; establish terms and conditions for the cause of action; waive sovereign, governmental, and qualified immunity; specify applicability; amend KRS 160.715 to provide a procedure for requesting, inspecting, and reviewing specific information held by a school district or public charter school; and amend KRS 214.185 to establish the conditions required for providing medical or mental health services to a minor without consent of the parent or legal guardian; EMERGENCY.